DRAFT REPORT OF THE CITY OF SPOKANE USE ... - Samuel Walker

City of Spokane Use of Force Commission December 20, 2012
was done notwithstanding that the officers arrived on the scene at different times during
the encounter with the subject, from different directions, witnessed different behavior by
the subject, and offered various specific justifications for their individual use of deadly
force. Id. A far better result would be for the ARP to carry out an exacting force analysis
of each officer’s actions and compare such to the department’s training and policy
expectations and requirements. Id. at 7 & 16.
A DFRB was also convened to review the November 2010 deadly force incident. Two
issues that go directly to public and officer safety that were identified by Mr. Gennaco in
connection with that review were the consideration of the twenty-four rounds fired by the
officers (out of twenty-six total rounds) that failed to strike the subject and the existence
of a cross-fire situation in the encounter. Exhibit D at 9-10. In regards to the expended
rounds, Mr. Gennaco recommends that the DFRB examine each officer’s use of deadly
force individually and arrive at an assessment of whether the officer was tactically
sound and proficient when he discharged his weapon. Id. at 9 & 16. Similarly, Mr.
Gennaco considered the DFRB’s review of the cross-fire issue to be incomplete due to
its failure to sufficiently explore the question based upon the placement and actions of
all of the officers involved in the incident. Id. at 10 & 16. Recognizing that a single
instance does not necessarily represent a consistent pattern, the Commission
nevertheless calls for the SPD to reflect upon Mr. Gennaco’s findings and to ensure that
DFRBs always thoroughly explore deadly force encounters for lessons learned that will
enhance public and officer safety.
Recommendation #17 – Create and deploy a fully developed Early Intervention
System.
Operating under the premise that small issues will lead to big problems if left
unattended, an Early Intervention System (EIS) is a valuable administrative tool that can
enhance accountability and integrity in a law enforcement agency. An EIS is a databased
management tool designed to identify officers whose behavior is problematic and
to spur intervention to correct that performance before the situation escalates into a
formal disciplinary action or worse. A department’s EIS must be part of its larger efforts
to support and improve officer performance. Frontline supervisors are key actors in the
use of an EIS, but the Chief of Police and his command staff must be committed to the
full deployment of the system.
The information collected as part of an EIS can be as expansive as a department
desires. Of particular relevance to the issue of the use of force, an EIS should track all
reported uses of force, searches and seizures, number of arrests, and any civilian or
internal complaints, civil suits, or criminal charges regarding the use of force.
Additionally, recognizing that aberrant behavior in a multitude of performance areas can
be a precursor to a use of force problem, an EIS system should capture other
information that could identify outliers in the department. This could include, for
example, such things as unusual numbers of pedestrian stops, the failure to meet
training obligations, disciplinary actions, negative performance evaluations, and any
City of Spokane Use of Force Commission – Page 23